Iraqi constitution ratification vote, 2005
Encyclopedia
The electorate of Iraq
went to the polls on 15 October 2005 to vote in a referendum
on whether or not to ratify the proposed constitution of Iraq
. After 10 days of counting votes, the country's electoral commission announced that the constitution had been approved by a wide margin nationwide. A number of critics allege massive irregularities, especially in the crucial province of Ninawa, which was widely expected to provide the third (and deciding) "no" vote.
, in effect since 28 June 2004, laid down the rules for the approval of the proposed permanent constitution. The proposed constitution would have been approved in the referendum if both a majority of voters nationwide voted "yes" and there were no more than 2 of the country's 18 governorates
where two-thirds of the voters voted "no." On 2 October 2005, the National Assembly
weakened the second requirement such that it would only fail to be fulfilled if two-thirds of registered voters — rather than actual voters — in three governorates voted "no." Opponents of the Draft Constitution reacted angrily to this reinterpretation of Article 61 of the Interim Constitution. Critics had also pointed out that such an interpretation reads the term "voter" differently in both requirements; the first requirement is still simply fulfilled if a majority of actual voters nationwide votes yes. After much international criticism, the decision was reversed on 5 October.
The possibility of veto by supermajorities of three or more governorates was originally written into the interim constitution to ensure that the permanent constitution would be acceptable to Iraq's Kurdish
minority. However, support for the constitution was weakest among Iraq's Sunni
Arab
community, and some observers thought that the Sunni vote would result in the constitution's rejection. While the exact ethnic distribution of the Iraqi population by governorate is unknown, because the country has not had an official census for 15 years, governorates that include substantial Sunni populations include Baghdad
, Al Anbar, Salah ad Din, Ninawa and Diyala. In the event, Al Anbar, Salah ad Din, and Ninawa all saw majorities vote against ratification, though the vote in Ninawa did not result in the two-thirds "no" supermajority required to scuttle the constitution.
Voting took place as planned on 15 October, amidst heavy security. Initially, Iraqi election officials had hoped that results of the balloting would be made public by October 19. On 17 October, however, election officials announced that questions concerning the turnout in some provinces required that the vote be audited, which delayed release of the final figures. A sandstorm in central Iraq has also contributed to the delay. Although Sunni politician Saleh al-Mutlaq has alleged fraud, election monitors from the United Nations
said that the vote "went well."
On 25 October, Electoral Commission officials released the final results, which indicated that the constitution had been approved. Overall, 79 % of voters backed the charter and 21 % opposed it. Of 18 governorates, only two recorded "No" votes greater than two thirds – one province short of a veto. Turnout in the referendum was 63 %, commission officials had said previously.
With the approval of the constitution, elections for a permanent government must be held no later than 15 December 2005, with the new government assuming office no later than 31 December 2005. If the constitution had been rejected, the National Assembly would have been dissolved, and a new transitional government would have been elected to attempt to write another permanent constitution.
During this election, security detainees held by coalition forces and the Ministry of Interior were given the opportunity to vote. This is the first time in the modern history of the Middle East that detainees of this nature were allowed to vote in any election.
Federalism in Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
went to the polls on 15 October 2005 to vote in a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on whether or not to ratify the proposed constitution of Iraq
Constitution of Iraq
The Constitution of Iraq is Iraq's fundamental law.-History:Iraq's first constitution, which established a constitutional monarchy, entered into force under the auspices of a British military occupation in 1925 and remained in effect until the 1958 revolution established a republic...
. After 10 days of counting votes, the country's electoral commission announced that the constitution had been approved by a wide margin nationwide. A number of critics allege massive irregularities, especially in the crucial province of Ninawa, which was widely expected to provide the third (and deciding) "no" vote.
Background and campaign
Article 61 of Iraq's Interim ConstitutionLaw of Administration for the State of Iraq for the Transitional Period
The Law of Administration for the State of Iraq for the Transitional Period , was Iraq's provisional constitution following the 2003 Iraq War. It was signed on March 8, 2004 by the Iraqi Governing Council...
, in effect since 28 June 2004, laid down the rules for the approval of the proposed permanent constitution. The proposed constitution would have been approved in the referendum if both a majority of voters nationwide voted "yes" and there were no more than 2 of the country's 18 governorates
Governorates of Iraq
||Iraq is composed of 18 provinces :#Baghdād #Salāh ad-Dīn #Diyālā #Wāsit #Maysān #Al-Basrah #Dhī Qār #Al-Muthannā #Al-Qādisiyyah...
where two-thirds of the voters voted "no." On 2 October 2005, the National Assembly
National Assembly of Iraq
The Council of Representatives of Iraq is the main elected body of representatives in Iraq. It is currently composed of 325 seats and meets in Baghdad inside the International Zone . It is governed by bylaws that can be found -The monarchy:...
weakened the second requirement such that it would only fail to be fulfilled if two-thirds of registered voters — rather than actual voters — in three governorates voted "no." Opponents of the Draft Constitution reacted angrily to this reinterpretation of Article 61 of the Interim Constitution. Critics had also pointed out that such an interpretation reads the term "voter" differently in both requirements; the first requirement is still simply fulfilled if a majority of actual voters nationwide votes yes. After much international criticism, the decision was reversed on 5 October.
The possibility of veto by supermajorities of three or more governorates was originally written into the interim constitution to ensure that the permanent constitution would be acceptable to Iraq's Kurdish
Kurdish people
The Kurdish people, or Kurds , are an Iranian people native to the Middle East, mostly inhabiting a region known as Kurdistan, which includes adjacent parts of Iran, Iraq, Syria, and Turkey...
minority. However, support for the constitution was weakest among Iraq's Sunni
Sunni Islam
Sunni Islam is the largest branch of Islam. Sunni Muslims are referred to in Arabic as ʾAhl ūs-Sunnah wa āl-Ǧamāʿah or ʾAhl ūs-Sunnah for short; in English, they are known as Sunni Muslims, Sunnis or Sunnites....
Arab
Arab
Arab people, also known as Arabs , are a panethnicity primarily living in the Arab world, which is located in Western Asia and North Africa. They are identified as such on one or more of genealogical, linguistic, or cultural grounds, with tribal affiliations, and intra-tribal relationships playing...
community, and some observers thought that the Sunni vote would result in the constitution's rejection. While the exact ethnic distribution of the Iraqi population by governorate is unknown, because the country has not had an official census for 15 years, governorates that include substantial Sunni populations include Baghdad
Baghdad
Baghdad is the capital of Iraq, as well as the coterminous Baghdad Governorate. The population of Baghdad in 2011 is approximately 7,216,040...
, Al Anbar, Salah ad Din, Ninawa and Diyala. In the event, Al Anbar, Salah ad Din, and Ninawa all saw majorities vote against ratification, though the vote in Ninawa did not result in the two-thirds "no" supermajority required to scuttle the constitution.
The Ballot
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
said that the vote "went well."
On 25 October, Electoral Commission officials released the final results, which indicated that the constitution had been approved. Overall, 79 % of voters backed the charter and 21 % opposed it. Of 18 governorates, only two recorded "No" votes greater than two thirds – one province short of a veto. Turnout in the referendum was 63 %, commission officials had said previously.
With the approval of the constitution, elections for a permanent government must be held no later than 15 December 2005, with the new government assuming office no later than 31 December 2005. If the constitution had been rejected, the National Assembly would have been dissolved, and a new transitional government would have been elected to attempt to write another permanent constitution.
During this election, security detainees held by coalition forces and the Ministry of Interior were given the opportunity to vote. This is the first time in the modern history of the Middle East that detainees of this nature were allowed to vote in any election.
Results table
| Governorate | Demographics | Votes | % For | % Against |
|---|---|---|---|---|
| 1 Baghdad | Capital and surrounding area | 2,120,615 | 77.7 | 22.3 |
| 2 Salah ad Din | Sunni Arab majority Claimed partly by, but not yet part of, Kurdistan Autonomous Region |
510,152 | 18.25 | 81.75 |
| 3 Diyala | Sunni Arab majority Claimed partly by, but not yet part of, Kurdistan Autonomous Region |
476,980 | 51.27 | 48.73 |
| 4 Wasit | Shi'a Arab majority | 280,128 | 95.7 | 4.3 |
| 5 Maysan | Shi'a Arab majority | 254,067 | 97.79 | 2.21 |
| 6 Al Basrah | Shi'a Arab majority | 691,024 | 96.02 | 3.98 |
| 7 Dhi Qar | Shi'a Arab majority | 462,710 | 97.15 | 2.85 |
| 8 Al Muthanna | Shi'a Arab majority | 185,710 | 98.65 | 1.35 |
| 9 Al Qadisyah | Shi'a Arab majority | 297,176 | 96.74 | 3.32 |
| 10 Babil | Shi'a Arab majority | 543,779 | 94.56 | 5.44 |
| 11 Al Karbala | Shi'a Arab majority | 264,674 | 96.58 | 3.42 |
| 12 An Najaf | Shi'a Arab majority | 299,420 | 95.82 | 4.18 |
| 13 Al Anbar | Sunni Arab majority | 259,919 | 3.04 | 96.9 |
| 14 Ninawa Ninawa Governorate Ninawa is a governorate in northern Iraq, and the Arabic name for the biblical city of Nineveh in Assyria. It has an area of and an estimated population of 2,453,000 people in 2003. Its chief city and provincial capital is Mosul, which lies across the Tigris river from the ruins of ancient... |
Mostly Sunni Arabs Claimed partly by, but not yet part of, Kurdistan Autonomous Region |
718,758 | 44.92 | 55.08 |
| 15 Dahuk | Part of Kurdistan Autonomous Region | 389,198 | 99.13 | 0.87 |
| 16 Arbil | Part of Kurdistan Autonomous Region | 830,570 | 99.36 | 0.64 |
| 17 At Ta'min (now Kirkuk) | Claimed by, but not yet part of, Kurdistan Autonomous Region | 542,688 | 62.91 | 37.09 |
| 18 As Sulaymaniyah | Part of Kurdistan Autonomous Region | 723,723 | 98.96 | 1.04 |
| Total | 9,852,291 | 78.59 | 21.41 | |
See also
Federalism in Iraq
The Constitution of Iraq that was adopted in 2005 defined Iraq for the first time as a federal country.-History:After the defeat of the Ottoman Empire in 1919, Iraq became a League of Nations mandate under temporary British control. Mahmud Barzanji led a Kurdish revolt against the British and in...
External links
- Iraq's Sunnis Register to Vote in Droves (The Washington PostThe Washington PostThe Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
, 8 September 2005) - UN condemns Iraq charter change (BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
, 4 October 2005) - Iraqis vote on new constitution; few attacks ReutersReutersReuters is a news agency headquartered in New York City. Until 2008 the Reuters news agency formed part of a British independent company, Reuters Group plc, which was also a provider of financial market data...
October 15, 2005 - The Iraqi Constitution: What Would Approval Really Mean? JURISTJURISTJURIST is an online legal news service hosted by the University of Pittsburgh School of Law, powered by a staff of more than 40 law students working in Pittsburgh and other US locations under the direction of founding Publisher & Editor-in-Chief Professor Bernard Hibbitts, Research Director Jaclyn...
- Iraq Charter Seems Assured of Approval Associated PressAssociated PressThe Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
October 16, 2005 - Iraq result delay over fraud fear BBCBBCThe British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
October 17, 2005 - Draft Constitution Adopted by Iraqi Voters APAssociated PressThe Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
October 25, 2005 - Soldier's firsthand photo essay of Baghdad's Referendum Vote on October 15th by Matthew Vea
- Iraq's Constitutional Process II: An Opportunity Lost U.S. Institute of Peace Special Report, December 2005